Employment Tribunal (Amendment No.2) (Jersey) Regulations 201-: Lodging

Information about the publication of Ministerial Decisions

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision
providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made on 5 August 2011:

Decision Reference: MD-S-2011-0061
Decision Summary Title :	DS - Tribunal Regulations Lodging		Date of Decision Summary:	5 August 2011
Decision Summary Author:	Policy Principal		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	NA
Written Report Title :	WR - Tribunal Regulations Lodging		Date of Written Report:	5 August 2011
Written Report Author:	Policy Principal		Written Report : Public or Exempt?	Public
Subject: Lodge the Employment Tribunal (Amendment No. 2) (Jersey) Regulations 201-
Decision(s): The Minister decided to lodge ‘au Greffe’ for States debate the draft Employment Tribunal (Amendment No. 2) (Jersey) Regulations 201-.
Reason(s) for Decision: The proposed amendment would ensure that, in appointing members of the Jersey Employment Tribunal, the Minister acts in accordance with best practice as established by the Jersey Appointments Commission ‘Code of Practice for Appointments to Autonomous and Quasi-Autonomous Public Bodies and Tribunals’. Noting that the intended date of debate is the last States meeting before the October election, the Minister is satisfied that the amendment is not likely to be contentious in its principal purpose to reflect Jersey Appointments Commission best practice.
Resource Implications: There are no financial or manpower implications.
Action required: Policy Principal to request that the Greffier of the States arrange for the draft Regulations to be lodged ‘au Greffe’ by 9 August 2011 and for it to be listed for consideration by the States on 20 September 2011.
Signature:		Position: Minister
Date Signed:		Date of Decision (If different from Date Signed):